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(영문) 전주지방법원 2015.08.26 2015노209
위증교사등
Text

The judgment below

The part of the perjury against the Defendants is reversed.

Defendant

A. In 10 months of imprisonment, Defendant E.

Reasons

1. Around October 2010, the Defendants were indicted on the following facts: (a) on the grounds that they were perjury teachers; (b) on December 31, 201, from December 31, 201 to January 7, 201; and (c) on the commission of criminals, the Defendants were prosecuted. The lower court found the Defendants guilty of all the facts charged, and sentenced Defendant A to imprisonment with labor for one year and three million won to Defendant E.

The Defendants appealed from the lower judgment on the grounds of mistake of facts, misapprehension of legal doctrine, or unreasonable sentencing, and the prosecutor appealed against the Defendant A on the grounds of unfair sentencing, and the judgment below was reversed in entirety by accepting the Defendants’ assertion of mistake of facts or misapprehension of legal principles, and each of the Defendants was acquitted.

Therefore, the prosecutor appealed to the whole judgment of the party before remand on the grounds of misunderstanding of facts or misunderstanding of legal principles as to the part of the judgment of the party before remanding, and the judgment of the case remanded on the grounds that the court below erred by misapprehending the legal principles as to the probative value judgment of evidence and exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, and thereby affecting the conclusion of the judgment, the prosecutor's appeal was accepted by the prosecutor, and the judgment of the party before remanding on the grounds that there was an error of law that affected the conclusion of the judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules. The above part of the judgment of the party before remanding on the grounds that the judgment of the court below was reversed and remanded to this court on October 2010, which is related to the above part and the above part. The prosecutor's appeal against the above part of the judgment of the party before remand on the grounds that the prosecutor's appeal was dismissed.

Therefore, since the facts charged against the Defendants are already separated and finalized, it is not included in the subject of the judgment of this court, the subject of the judgment of this court is limited to the charges of perjury against the Defendants.

2. Summary of grounds for appeal;

A. Defendants 1 mistake of facts or misapprehension of legal principles from October 2010.

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